As modern mediation has moved from adolescence to maturity, more writers are querying some of the ‘fundamentals’ of mediation. In this article I explore some of the practical advice given to mediators in current literature on the effect of the parties’ power in a mediation, in particular the desirability of the mediator accepting responsibility for balancing power. I then look at the origin of this advice and how the concept of power balancing has developed. I then propose an alternative structure for considering the impact of power in a mediation.
"Power in mediation,"
ADR Bulletin: Vol. 6
, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol6/iss9/2